How to get your ex-wife out of the apartment if she's written.

RUPD.R. Divorce Legal party

The relationship between the couple is not always smooth; differences, conflict situations, lead to a decision to break up; if a couple is divorced, the husband has the right to evict the wife from the apartment; the process requires a study of the nuances of the law.

Termination of the right to use property

Divorce is a reason to start sharing property.It is not possible to evict a former wife from a woman ' s residence.The presence of a propiska does not play a role. Property is the property of the spouse. The court decides to evict the wife in strictly defined cases. The facts are established by the legislation in force. The spouse ' s claims are unfounded. The husband ' s wishes are not taken into account. The law requires that:

• The owner of the dwelling;
• Existence of a propiska;
• Availability of additional housing;
• Existence of children.

A joint property is the property of the spouses. You can't evict your wife. You have to take a decision in court. The fact is established by law. The members of a broken couple have equal rights. The marriage contract will help to resolve conflict situations.

The spouses have the right to solve the problem of division of property on their own; the document allows the owner of the dwelling to be registered after the dissolution of the marriage; the paper is prepared in advance.

Failure to conclude a marriage contract would result in the division of property and the need to evict the spouse.

Method of eviction of a spouse

Divorce is a reason to start the division of property and to write a wife, and the apartment is considered to be the property of one spouse if the premises before marriage are:

• Bought;
• Dumped;
• Inherited.

The spouse ' s lack of housing is a reason to suspend the eviction process.

The public authority has the right to help a girl. The judge will allow her to stay in her ex-husband's premises. The suspension of her eviction is a temporary measure. The court will not allow her to stay in her husband's territory. A woman must be able to find a room. After the completion of her term, the ex-wife must leave the apartment after the divorce.

Eviction with a child

Having children makes a difference: a man cannot divorce a woman with a child and discharge a child from his apartment; children have the right to stay in the premises of their parents; if a child remains with the mother by court order, the child does not lose the opportunity to stay in the father ' s apartment after the parents ' divorce.

The possibility of children living with a father does not allow the wife to do the same, and the husband has the right to remove a girl from the premises and evict her; the implementation of the legislation in force creates paradoxical situations.

Upon receipt of a man ' s application for a wife ' s removal after divorce, the judge will take into account the circumstances and declare the decision in the light of them.

• Allow the girl to remain until the child reaches the age of majority;
• Allow the girl to stay until she is able to buy her own housing;
• Write a woman out, but oblige a man to pay her rent until the ex-wife can pay herself.

The spouse has the right to decide on the fate of the mother and child and, once he has started renting housing for the children and the girl, he will fulfil his maintenance obligations and the court will not require additional payment.

Common apartment: forcing the wife to leave the apartment

The spouses have equal rights to share property; the husband cannot be discharged from the common apartment; the inability to make a decision results in recourse to a judicial authority; the court will resolve disputes.

Claims for common housing must be submitted within three years of divorce and the girl must apply to the public authority in a timely manner; the registration of real estate for a man gives a person the right to evict a spouse in the event of refusal to file a claim.

The court will approve the application, the husband will be the sole owner of the apartment.

Service real estate: eviction of a spouse

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The property is not the property of the spouses; the members of the separated couple have the same right to use the premises until the termination of their duties to the housing organization; after the divorce, the dwelling must be left by a person who is not related to the institution.

A woman living in her husband ' s service apartment must leave the premises if the marriage is dissolved.

The husband may release the girl immediately after the divorce; the refusal to do so is grounds for recourse to the courts; as in the case of a man ' s own real estate, the public authority may meet the woman and allow her to remain in the room for a certain period if the former wife does not have her own housing.

Application: reasons for the commencement of the trial

The spouses are not always able to separate the joint property themselves.

• Joint property is required to be shared;
• There is a need to define the rights to property purchased jointly;
• The wife is required to leave her husband ' s apartment after divorce.

The court shall commence proceedings upon receipt of the request to evict the spouse.The applicant must describe in detail the circumstances that led to the writing of the claim for writing down. The documents supporting the claim will strengthen the man ' s position. The plaintiff must attach the papers to the application. The judge does not always approve of the request to evict the woman. Divorce is an excuse to find a qualified lawyer. The specialist will give the court ' s decision in advance and help the husband win the fight against his wife. It will be easier to evict the ex-wife from his apartment.

Request to evict your wife: Court response

Divorce is an excuse to apply to the court. If the property belonged to the husband before the marriage was concluded, he has the right to expel the wife from the apartment. The public authority will not consider whether the husband is registered. The court will approve the application.

Public officials will order a woman to leave her husband ' s territory immediately, without her spouse ' s consent, and the woman has the right to challenge the court ' s verdict, and the girl must apply to the higher authorities in accordance with the procedure established by the law in force.

The existence or absence of a propiska is relevant for eviction from municipal property.

If the girl is not registered in the apartment, the spouse has the right to request that she leave the premises; if she does not, the court will approve the husband ' s claim and order her to leave the premises.

If a woman was prescribed, she could not be discharged without a decision of the public authority; the court would consider the application; the verdict would be handed down after examining the circumstances of the divorce; and consideration would be given to the existence of property owned by the woman.

The absence of a dwelling is a reason to let a girl stay.

In view of the latest legislative changes, the legal information in this article may have become obsolete! Our lawyer can give you free advice by writing a question in the form below:

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♪ How to get an ex-wife or husband out of an apartment in Ukraine

There is often a situation in which a wife or husband no longer wants to live in the same dwelling with his half after divorce.

The procedure for discharge depends on many factors: the presence of young children in whose property the dwelling is located, the terms of the marriage contract and others.

How do you get the ex-second half out of the apartment?

The law provides that a former family member may be discharged only by mutual consent or by judicial procedure, and the procedure for removal from registration is regulated by the Civil and Housing Codes of Ukraine.

An important aspect was the fact that housing had been acquired before or after marriage. What was the difference between the two options?

• If the owner of the dwelling has acquired it or has inherited it before the marriage, the other spouse, who is registered with it, may not claim part of it, but he shall have the right to reside in the place of residence; after the divorce, the owner of the dwelling wishes that the ex-husband or wife should be released from his home as soon as possible, but not always have the understanding of the other party.
• And if the property is bought for the duration of the marriage, but it is not accepted or inherited by one of the spouses, then the husband and the wife shall be entitled to the same share of the dwelling.
• If both former spouses are owners, neither of them may deprive the other of the right to use their property.

It is often the case that the former wife or husband does not live at the place of registration or pay for public services, and the owner has to pay for the missing party.

It matters!The grounds on which a person may be removed from registration are laid down in article 7 of the Law on Freedom of Movement and Free Choice of Residence in Ukraine.

An important factor for the deregistration of a person is the status of housing: whether it belongs to private property or not; in the first, lawyers follow the rules of the Civil Code and in the second, to housing.

The right to use an employer ' s or a member of his or her family ' s residence may be denied in the case provided for in article 71 of the Housing Code: if the said persons have not lived in an apartment for more than six months without valid reasons, then they may be removed from registration by filing an action before a court.

The owner of the apartment, after receiving a court decision denying the right to use the residence of the former wife or husband, must submit an application to the Department of the State Migration Service, which is responsible for removing the place of residence from its registration, which takes no more than 7 days.

The only way to get a wife or husband out of a divorce is through a court of law, but there is another option: if the former second half has no right to a dwelling, you can sell the apartment to someone who isn't related to the tenant.

It matters!If problems arise with the removal of a husband or wife from registration following divorce, a housing lawyer should be contacted.

How to Exit From Service Homes

According to the law, both the employer and all members of the family may be registered in the service apartment; upon divorce, the spouses are no longer a family and the former half loses the right to reside in the service home.

Therefore, if an employer brings an action for discharge before a court, it is more often decided in his favour if there are no additional difficulties: the defendant ' s illness, lack of other accommodation, lack of funds.

Where appropriate, the court may grant between 6 and 12 months to the former spouse to search for another dwelling.

How to Remove a Man from Registration

There are a lot of questions in legal forums that start with the words "I want the owner of the apartment to write...".

The owners often wish to remove from the registration of tenants, relatives who have not been living with them for a long time, former spouse or strangers in a recently acquired apartment. Consider all possible options.

It is faster and more convenient to deprive a person of his or her right to use housing without his or her involvement in this matter, but there are few situations in which this can be done:

• If the tenant has been prescribed illegally;
• If the person was registered on the basis of a lease;
• A registered person is considered missing;
• In a bought apartment, there were prescribed men.

Dead residents are discharged on the basis of a death certificate by contacting the Finnish Immigration Service.

A family member may be discharged only by a court of law if he or she has not lived in an apartment for more than 12 months without good reason. According to the Ukrainian Housing Code, the following are valid reasons for non-residence:

• Recruitment for military service;
• Prison;
• Hospital treatment;
• Absence on the grounds of study or travel;
• Transfer of the child to a child ' s home or family (if the child is removed from registration);
• To be able to work in specialized institutions.

It matters!A person entitled to a share of the dwelling may not be discharged by the other owners of the dwelling.

The law also provides that if a person is the owner of a dwelling, even after his or her release, he or she does not lose the right to dispose of his or her property.

A lot of people wonder if it's possible to remove the tenant from the registration by proxy.

The law provides for such a procedure: the power of attorney must be certified by the notary, the right to sign and the authority to issue the trustee ' s statement.

However, it is almost impossible for military personnel to be deprived of the right to use a confidant apartment, and this procedure provides for the recording and deregistration of military records.

Documents for filing with the court

The following documents and evidence will be useful before a person who has not lived for more than 6 or 12 months is brought before a court for his or her release:

• Non-residence certificates from the management organization (OSMA, WEC, etc.) should be submitted to the home-management company for a period of time in order to obtain them a few months prior to the filing of an action.
• A witness from at least two neighbours who agree to go to court and confirm that the tenant does not live in the apartment longer than specified.
• Purchased letters to the tenant: If the address of the person's current residence is known, it is desirable to send him letters which can be confirmed; if the tenant receives these letters, it will be substantial proof in court.
• Other evidence: If there are documents in hand to confirm the person ' s residence at another address or other similar documents, they may be used in court.

How to discharge a minor child

As judicial practice has shown, deregistration of a minor child is problematic, but under certain circumstances it is possible: according to the law, the place of residence of a person under the age of 14 must be determined by the place of registration of the parents or one of them.

https://www.youtube.com/watch?v=Zw8JvuM4A8I

If the owner is interested in the question of how to release a minor child from the apartment after divorce or in other cases, the following nuances should be taken into account:

• If the child ' s parents have different addresses of the propiska, the withdrawal from registration shall take place with the written consent of the second parent in person, and if one of the parties cannot be present at the issuance of the discharge documents, a notarized consent shall be obtained.
• A minor may be discharged from the place of registration without the consent of the second parent only through a court or by a decision of the guardianship and guardianship service.
• The guardianship and guardianship authority may decide to remove from registration only orphans and children left without parental care, as well as persons over whom guardianship has been established.
• If the child has no other place of residence, the court will refuse the discharge until the child ' s majority (18 years old).
• A child ' s right to use housing cannot be denied if both his or her parents are registered.
• In order to remove the child from registration, it is necessary first to find suitable housing that will be no worse in size and living conditions than the one in which he or she is registered.

Documents required for the child ' s discharge

In order to remove a person under the age of 14 from registration by place of residence, such documents will be required:

• Statement;
• A receipt for the payment of an administrative payment;
• Birth certificate;
• The passport of the child ' s parent;
• The consent of the second parent;
• A court or guardianship authority ' s release order.

Divorce often results in lengthy legal proceedings in the division of property; in order to avoid this, it is worth taking into account the experience of Western countries, and at the time of marriage, it is necessary to draw up a marriage contract detailing what each spouse receives after divorce.

How to release and evict an ex-husband or wife from an apartment without consent — a course of action

We suggest that we consider the topic: "How to release and evict an ex-husband or wife from an apartment without consent - how to proceed" with the comments of professionals. We have tried to explain all the languages that are understandable and to fully explain the subject. Pay attention to the article and, if questions arise, you can ask them in comments or directly to the consultant on duty.

Sometimes couples decide to divorce.

• Information on how to divide joint property (if any) is provided in the Civil Code.
• If a friendly relationship has been maintained between the former spouses, no one shall prohibit them from sharing property in accordance with the agreements reached.
• But often only one of the spouses initiates the resolution of the situation, and accordingly the matter is decided by a court of law.

For example,Article 31 of the Housing Codethe right of a person living in an apartment together with the owner.in paragraph 4It's clearly said thatThe right to use housing ceases at the same time as divorce.

Evacuate the former second half from a real estate propertyin the following situations:

1. The owner made a serious purchase before he decided to enter into a legal marriage, which means that the citizen being evicted simply has no right to a place of residence.
2. The spouses were not concerned about the drafting of an agreement specifying the rights of the parties.

If tenure is based on a social employment contract, article 69, paragraph 4, of the Criminal Code applies. No one can be evicted from such an apartment, even after the dissolution of marriage.

It is recommended that this measure be used only if voluntary eviction cannot be agreed upon; the Court ' s decision, which has entered into force, allows the Service to open doors, enter and evict a former relative.

In order to decide that a former spouse may not live in an apartment after divorce,Court usually requests:

• A document confirming the lack of rights to part of the dwelling;
• Information on whether housing has been privatized;
• Information on the legal basis of housing, i.e. whether the dwelling is owned by the municipality, has been acquired by means of its own or by borrowing funds, etc.

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If there's a familyMinorswhich stays with one of the parents, the court also decides to provide them with accommodation until the age of 18.a child cannot be recognized as a former relative of the owner of the property.

Trying to evict an ex-husband (wife) who has a stake in ownership is almost useless, and divorce is irrelevant in this case.

To deny the former second half the right to appear in the common housemay only be carried out if the following offences are committed::

• Housing is not used for a purpose, e.g. activities aimed at generating additional income;
• Real property has been transferred to a non-residential fund by order of the State, and therefore it is not possible to reside or have permanent registration in such territory;
• The citizen destroyed or carried over one or more of the structures carrying the permit, and was not concerned about the receipt of the permit document;
• Residents regularly disrupt public order (deboshilite, establishment of a drug den, etc.), which is documented and witnessed;
• Construction works carried out do not meet sanitary and fire requirements;
• Utilities have not been paid for more than six months.

If a citizen, after the conclusion of the marriage bond, has come to live on a dwelling which is the property of the second half (received under a contract of sale, donated, etc.), the former relative is obliged, after divorce, to release the space.

1. But it wasn't withoutExemptions:: If the permanent registration has occurred prior to privatization and there is a notarized refusal to occupy a dwelling, the registration of one of the spouses does not result in the exclusion of the second spouse.
2. A married couple who are permanently living in a municipal property subject to further privatization will not be able to separate after divorce, since the concept of "former relative" here has no legal significance.
3. In the case of the termination of the contract providing for the right of tenure, housing rights are terminated.
4. A citizen who has entered a warrant under the status of a responsible tenant cannot be deprived of the right of residence in the dwelling.
5. If the propiska on the above square metres was initiated by the second half of the couple, the dissolution of the marriage and the transformation into a former relative is a serious ground for eviction.

The upper right angle has to bereflect the locationto which the document, the FIO of the parties and addresses are sent in accordance with the official registration.

The main part usually appears to beA description of the circumstances and reasonsIt is important to provide details of the citizen who is being evicted, to specify the owner and to mention a few words about the dwelling itself.

Then you have to apply to the court with respect.with a request to evict the former spouseThe signatory ' s signature and date of writing must be indicated at the bottom of the sheet.

What action should be taken if the former spouse does not want to obey a court decision and does not rush to pack?Conciliator (Judicial Officer)is obliged to take care of the issuance of an order requiring the debtor to pay the amount of the execution fee and to permanently evict.

The former spouse is not only deprived of permanent registration but cannot live in the apartment or leave his or her personal property in it.must be carried out in the presence of.

The current legal framework provides information not only on how to deprive the former spouse of the right to stay in the apartment, but also on cases where it is not possible to do so.

For example,The law prohibits evictionIn the case of a citizen who was a participant in privatization and then abandoned the square metres.

The rejected relative has no right of ownership of the apartment, but may reside in it as long as he or she wishes.

Read also: Authorization to build an individual dwelling

Nor can a citizen be deprived of his or her living quarters if he or sheis his propertyI mean, he's hers:

• bought for a certain amount of money;
• Received according to the gift;
• He inherited it;
• It's been privatized.

Living space,acquired during marriageis, by definition, the joint property of the spouses, unless otherwise stated in the marriage contract.

This situation does not allow for the eviction of the former spouse, but no one prohibits the division/change of the apartment or the purchase of the share of the second half.

It often happens that one of the spouses owned the apartment before the marriage was concluded, respectively, after the marriage was officially registered, the newlyweds lived in it for a long and happy time until the day of the breakup.

But what if, even after the divorce, the other half does not want to part with the cozy nest? In this case, the owner of the dwelling must provide himself with two procedural documents: a statement and a court decision.

An analysis of the case law on the eviction of former spouses from the occupied premises leads to the conclusion that almost all claims are granted, of course, if the former second half does not have the right to the housing in question.

Privateized apartmentsis a separate topic, but direct evidence also allows cases like this to win.

For example, after the marriage was officially registered, the husband prescribed his own unseemly.

The plaintiff filed an application with the courtThe defendant decided not to attend the court hearings and was completely deprived of the right to an apartment because of the following factors: leaving the apartment was voluntary, she was not concerned about the payment of communal payments and did not appear in the apartment.

For the rules and grounds for the eviction of former relatives from real estate, see the following video:

How to Release and Evict an Ex-husband or Wife from an apartment without consent — a way of doing things

The termination of marriage is not only a ground for terminating the family rights and obligations of the spouses, but also for certain civil rights, such as the spouse ' s residence in an apartment owned by the second spouse.

The procedure for the registration of a citizen at his or her place of permanent residence is regulated by the following legal instruments:

1. The law on the right of citizens of the Russian Federation to freedom of movement;
2. FMC Order No. 288 of 11 September 2012 approving the Administrative Regulations for the provision of State services to the FMS for the registration of citizens of the Russian Federation at their place of residence and place of residence within the Russian Federation;

How to get a man out of an apartment if it's not written in it without a trial.

• 31, 69, 71, 80, 90, 91, 155, 12).

Article 40 of the Constitution of the Russian Federation guarantees everyone the right to housing; according to it, no one may be arbitrarily deprived of his or her right; is there any legal way of freeing his or her apartment from people present there but not registered at that address? If there are substantial grounds, the law provides for a number of such opportunities to be decided by a court.

According to the law, a person may be expelled only if there is a court decision, and there must be good reasons to apply to the court, and there are no serious grounds for preventing a person from leaving his or her apartment in violation of his or her constitutional right. If there are grounds, the court will be able to avail itself of the legal basis for a particular case:

Who you can't evict.

Before going to court, careful consideration should be given to their chances of success: there are a number of categories of citizens who cannot be deprived of their homes; the court does not evict such persons until they themselves wish to change their place of residence:

• Minors;
• Unable to do so;
• Closest relatives;
• Persons with disabilities.

Evidence for trial

In the event that an unwritten person does not wish to leave the home, it is advisable for you to declare to him his right to a trial, which will end for him by eviction, if there are grounds for doing so.

• Witness testimony of misconduct or lack of legal grounds for staying in the apartment;
• Report from the police;
• Certificates from the housing office;
• Conclusion of the sanitation facility;
• Other documents.

How to evict an unwritten person from an apartment by court order or without a trial, let us go on.

Who are considered illegal residents

There are often cases of illegal housing, a situation that is not usually resolved by placing things outside the premises or replacing the castle; it is not possible to expel such tenants without being entitled to do so through a court of law.

To begin with, the concept of who is considered to be living illegally is that of citizens who do not have legal rights of permanent residence:

• They are not registered;
• The registration is overdue;
• They have no title to the immovable property in question, no rent contract or a court decision to stay in the apartment.

Family members are not considered to be residing illegally only because they have had an argument with the owner.

Features of eviction of unwritten

Illegally resident persons can be evicted from an apartment; the court, the managing company, the prosecutor ' s office must assist the owner; the local police or neighbours also often provide support; this is particularly important when the occupants of the dwelling are hurting minors.

Even if a case is brought before a court, the proceedings may be considerably prolonged, until such time as it is possible to turn to provocations and to exacerbate disturbances by persons who do not wish to leave the country; they should not be involved, as this would entail liability under article 330 of the Criminal Code (Criminal Code) - self-rule.

You can easily damage a person's things or harm him or her. The best solution is to go to a qualified lawyer, a lawyer with a residential background. A specialist will help:

• Establish the evidence base;
• Shows you how to behave properly;
• If this goes to trial, it'll represent the trustor's interests.

Who have the right to evict by law

Article 687 of the Criminal Code of the Russian Federation, as well as articles 31, 35, 69, 84, 85, 90 and 91 of the Criminal Code of the Russian Federation, may be used to evict unwritten citizens. Article 687 of the Criminal Code of the Russian Federation provides for the termination of a contract of employment.

Illegal residents may be evicted on the grounds set out in article 301 of the Criminal Code of the Russian Federation. The owner has the right to demand the return of his real property from another person ' s illegal possession; in turn, articles of the Criminal Code of the Russian Federation deal with the following aspects:

How to Evict Certain Categories of People

The first step of the eviction will be to collect evidence that a person is illegally occupying a dwelling. You can go to the neighbourhood or neighbors and try to make your claim collective. The police will provide an act, the manager of the company, an extract from the home book.

Various experts may also give their opinion, including photographs and video evidence, investigative materials, receipt of LACs and a lease agreement with a time frame.

If the situation is the result of the dissolution of the marriage (divorce with the husband or with the wife), the relevant certificate shall be provided, as well as the act on the calculation of the damage, and it is appropriate to proceed according to the plan:

• Talk to illegal residents about their intentions;
• If you insist on staying in the apartment, start collecting evidence for trial.

We evict our husband.

How do you get your ex-husband out of the apartment if he's not prescribed?

If the citizen does not have the opportunity to purchase another dwelling or to move to another place of residence, the court may temporarily leave him or her in his or her previous place of residence with the right of use; the court shall oblige the owner (in this case the spouse) to provide the former husband with other accommodation.

At the end of the judicial period, the citizen must release the dwelling, otherwise the eviction is decided by a court on the initiative of the owner of the dwelling, i.e. the owner must set a period for the ex-husband to leave the apartment and then apply to the court if the dwelling is not released.

We're evicting a roommate.

How do you get a roommate out of the apartment if it's not prescribed? Theoretically, everything is similar to the paragraph above.

In fact, however, there may be a struggle between citizens for square meters against the extraction of negative characteristics, provocations, manipulation, and other similar problems.

In such a case, it is necessary to get ahead of an illegal rival by proving the grounds for his eviction, and there are a number of cases in which it is impossible to evict a cohabitant.

Eviction after the owner ' s death

How to remove an unwritten person from the apartment after the death of the owner? If he inherits the inheritance, the new owner may demand the eviction of the citizens living in the apartment, but not the fact that the court will satisfy his demands.

If the evicted persons are relatives or have previously had a good reason to reside in an apartment, the owner must take care of another dwelling for them, or their negative behaviour (which must be proven) will be a valid ground for removal.

If judicial proceedings are still required, a claim with copies of the statement by the number of participants in the proceedings shall be brought before the court of the district where the apartment is located, using article 131 of the Criminal Code of the Russian Federation on the registration of immovable property.

To watch a useful video

On the causes of eviction

There may be many reasons to go to court; they must be taken into account; these are generally the following:

• Antisocial behaviour of those who are not prescribed at this address: excitement, bad habits;
• The use of housing is inappropriate: it is turned into a hotel, raised by animals or set up a noisy shop;
• The creation of unsanitary conditions that threaten the health of other residents;
• Destruction of the home;
• Part of the public services is not paid, and debts are created.

Where citizens will be relocated

A person may be evicted with other housing in the following cases:

Without the provision of other housing, a person shall be evicted if:

• It violates the rights of neighbours;
• It is a source of poor sanitation;
• Used the accommodation as a non-residential;
• He was deprived of his parental rights.

What kind of documents do you want?

In order to file a complaint with the District Court, a statement of claim and copies thereof are required, containing:

• The name of the dwelling(s) and its address;
• Date;
• Data on the passports of the participants in the proceedings;
• Requisitions of a document on ownership of housing;
• The requirement of eviction;
• Arguments: Why unwritten is not entitled to residence;
• How the rights of the owner and others have been violated;
• References to laws.

Additional documents will be required:

• The right to own property;
• Cadastral and technical passports;
• An examination of the accommodation;
• The plaintiff ' s passport;
• Evidence in the case: negative characteristics of the evicted persons, witness statements, non-payment of invoices;
• The fee is a receipt.

When an eviction may be refused

Is it possible for the husband to expel the wife from the apartment if she is not prescribed? The situation is more difficult if the expelled citizen claims to the dwelling, family belonging (e.g. ex-wife with children):

• The owner becomes the payer of maintenance, which entails significant obligations;
• The spouse who has children may apply to the guardianship authority and bring the institution to his or her side;
• A citizen who had been evicted had previously renounced housing rights in favour of others; such a person would not be evicted.

The right to apply to the courts is limited to the owner of the dwelling; if the citizen does not own the area, he has no chance of solving the issues of eviction in his favour.

A resource such as accommodation is always visible and rarely left without it; sometimes the eviction of illegal residents requires only an order from the Public Prosecutor ' s Office; then they will be evicted by bailiffs.

Such cases are emergency housing, transfer of the premises to the State. As the owner, it is not necessary to exercise self-government and use the method of force; this is the function of law enforcement officials.

How to evict an ex-wife from her own apartment -- from the service, from the privatized, with the child, after the divorce.

Marriage resulting from divorce has a wide range of consequences for the parties, one of which is the termination of cohabitation.

If there was a loss of the right to use one of the spouses ' housing, the second had the question of how to evict the former wife from her own apartment.

It is not possible to evict a wife from an apartment she owned before the wedding, nor does she have a role to play in it, nor does she have a role to play in it. This is her property, which she may be deprived of only by a court order in strictly defined cases, and to which the wishes of the ex-husband or his relatives do not apply.

It is also impossible to evict a wife, even an ex-wife, who was bought during the marriage and is the joint property of the spouses.

If there is no marriage contract defining the fate of real estate, both spouses have equal rights to it.

They'll have to:

• Segregate property;
• I'll decide who's supposed to leave the disputed area.

Thus, the spouse clearly loses the right to use the apartment in which she lived with her husband only in one case: if the apartment belonged to the former spouse prior to the marriage.

All other situations require a special approach to solving the problem of division of property and eviction.

Method of eviction of the wife after divorce

The eviction of the wife from the apartment after divorce depends on several circumstances:

• To whom belongs the dwelling;
• Is the wife prescribed therein?
• Whether she has other housing;
• Whether there are children and which parent they stay with after the divorce.

From his own apartment.

If the apartment was privatized, bought, donated or inherited by the husband before the marriage, his wife has the right to use the room, which is lost at the time of the dissolution of the marriage.

From now on, the ex-husband can ask her from his apartment at any time, even having a child doesn't give any rights to the ex-wife.

If a woman refuses to leave her ex-husband ' s apartment, he may apply to the court for removal from his own home of a person who is not entitled to be there.

If the dwelling has been bought in marriage, both husband and wife have equal rights to it and are owners.

In the event of a divorce, the property shall be divided into three years ' time; if the wife has not declared the division to the court after they have expired and the apartment is arranged for the husband, he may:

• The ex-husband must be discharged through the court;
• to be the sole owner.

From the service apartment

The service dwelling is not owned by either of the spouses; it is available only for the duration of certain duties; therefore, the rights of the husband and wife during marriage are the same; they are entitled to use it.

Divorce terminates this right for a spouse who does not perform duties towards the employer; in other words, a woman has no right of residence in her ex-husband ' s service apartment from the moment of divorce.

The court, as in the case of an apartment owned by a woman, may meet women if she does not have a home of her own, or if she does, but in a remote location where she is not yet able to reach, in which case the right to use the former common flat will be maintained for a period of time by the ex-wife.

From a municipal unprivatized apartment

Municipal housing is provided to the family under a social employment contract and is not the property of the spouses, but both of them have the right to reside in it and are registered.

The right to use such housing is exactly the same for both members of the family, and remains valid even after the dissolution of the marriage.Therefore, there is hardly any way to evict an ex-wife from an apartment received from the city.

The best that can be achieved is the separation of communal accounts and the recovery of debts, if any, from them; from the moment of divorce, the former spouses become neighbours and the apartment is actually communal; the ex-wife can only be evicted if she receives other social housing, which is very problematic.

Practically the only way to evict a former spouse from a municipal apartment is to deprive her of her parental rights to common children:

1. In such a case, she would be obliged to leave the home without the provision of another.
2. But it is impossible to do so without good reason, and the process itself is a long story.

Another way to deprive a spouse of unprioritized municipal housing is to prove that she:

• Behaving inappropriately;
• Public order and other residents ' rights are violated, making it impossible to live with them under the same roof.

The procedure in this case is the same as in the case of noisy or restless neighbors: call the police, collect evidence and file a lawsuit.

From privatized

If the municipal or service housing during the marriage has been privatized by both spouses, they are entitled to a certain share of the property, and the ex-wife cannot be evicted from such an apartment.

But you can:

• To buy from her a share of hers;
• After the right of ownership has been transferred, it is already lawful to require her to leave the apartment she does not own.

Even if the apartment has been privatized only by the husband and the wife has waived her right, it does not allow him to demand that she leave the apartment after the dissolution of the marriage, unless she has participated in the privatization because this right has already been exercised and has (have) her own housing.

This rule also works backwards to protect the rights of the ex-husband who voluntarily refused to participate in privatization.

How to Evict an ex-wife from her own apartment with a child

The situation is very different if there are children, because it is impossible to divorce children, they do not lose their right to the father ' s place of residence; even if the court leaves the children with the mother without depriving the father of parental rights; the ex-husband cannot evict the children, no matter what his right is, it is intended to protect the children ' s interests.

But for an ex-wife, this does not automatically mean that she will be allowed to live with her children in a former relative ' s apartment; her right is lost from the moment the marriage is dissolved.

There may be a number of mixed situations: for example, the child is too young to go without a mother, and she does not have the means to buy or rent other housing.

And when the ex-husband comes to court, it is not lawful for the ex-husband to order the eviction of his wife until the child reaches a certain age, or until she is able to provide for another dwelling; or if the father is obliged to provide for his children and his mother with other accommodation, for example, as part of a maintenance obligation.

Statement of claim (model)

In the event that there is no agreement on the residence of the former spouses in one or different apartments, the final point in this case is the court, where to apply either for the division of the family property in order to decide the fate of the jointly purchased property or to deny the former wife the right to reside in the applicant ' s apartment.

The application will require:

1. State all the circumstances and reasons for this decision.
2. Attach all documents that will prove the plaintiff ' s point of view.

A sample of such a statement can be downloaded here.

Family relations have many nuances that are known only to professionals, so the assistance of a qualified lawyer will not be too much of a problem with the right to use housing, especially in the case of joint property.

Judgement of the Court

The decision of the court gives the husband the right to evict the ex-wife from her own apartment or service apartment, even without her consent, unless the decision expressly prohibits her from doing so; for example, if the ex-wife retains her right of residence until she is granted her own right of residence.

If this is not the case, the former spouses may challenge the decision in the manner prescribed by law.

Often asked questions

Consider the issues that are most common among citizens.

Exit of an ex-wife if a child is living in an apartment

The divorce of the wife does not deprive the child of the right to reside in the father ' s apartment; either it is necessary to provide the child with other accommodations or it is necessary to give the mother time to do so.

Exiting an ex-wife if she's not prescribed

The existence or absence of registration, rather than a propiska, is relevant only in the case of a municipal apartment, in which case the wife does not continue to have the right to use the apartment when the marriage is dissolved; in all other cases, the matter is decided only by a court.

On the video, about the ex-wife's eviction.

Attention!

• Because of frequent changes in legislation, information sometimes becomes obsolete faster than we can keep it up to date on the website.
• All cases are very individual and depend on many factors, and basic information does not guarantee that your problems will be solved.

That's why you have 24/7 expert consultants working for you!

APPLICATIONS AND APPLICATIONS ROUNDLY AND WITHOUT DAYS OF EXPERIENCE.

Evacuate the ex-wife from the apartment if the child is living in the apartment

QUESTION:The wife and the joint minor child are registered (written) and live in the husband ' s apartment.

The apartment was purchased by the husband with his money before the marriage was registered, and therefore his personal property is therefore his, and the marriage is now dissolved.

Did the ex-wife have the right to live in the husband's apartment (the husband to evict the ex-wife from the apartment) after the divorce, if the wife was registered and the minor was living together in the apartment?

ANSWER:According to article 31, paragraph 4, of the Code of Criminal Procedure, in the event of the termination of family relations with the owner of the dwelling, the right to use the dwelling shall not be retained for a former member of the owner ' s family, unless otherwise established by agreement between the owner and the former member of his family.

Article 35, paragraph 1, of the Criminal Code stipulates that, in the event of the termination of the right of a citizen to use a dwelling on the grounds provided for in this Code, other federal laws or treaties or on the basis of a court decision, the citizen is obliged to release the premises concerned (to stop using it).
In accordance with(c) The right to freedom of opinion and expression, as well as the right to freedom of opinion and expression, as well as the right to freedom of expression, as well as the right to self-determination, as well as the right to self-determination, as well as the right to self-determination, as well as the right to self-determination, as well as the right to self-determination, as well as the right to self-determination, as well as the right to self-determination, as well as the right to self-determination, as well as the right to self-determination, as well as the right to self-determination, as well as the right to self-determination, as well as the right to self-determination, as well as the right to self-determination, as well as the right to self-determination, as well as the right to self-determination, as well as the right to self-determination, as well as the right to self-determination, as well as the right to self-determination.

13 Decision of the Plenary of the Supreme Court of the Russian Federation of 02.07.

Thus, upon dissolution of the marriage, the wife will be considered a former member of the family, thereby losing her right to use the apartment and having to leave it.

Having a minor child registered and living in an apartment will not be a reason to retain the right of the former wife to use the apartment; the minor child himself cannot be evicted from the apartment because he is not a former family member.

If the ex-wife refuses to release the apartment, the husband has the right to apply to the court and the ex-wife ' s removal from the apartment will take place in court.

It should also be borne in mind that, in accordance with article 4, paragraph 4, of the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women, States parties should take into account all relevant provisions of the Convention on the Elimination of All Forms of Discrimination against Women and the provisions of the Convention on the Elimination of All Forms of Discrimination against Women.

31. If a former member of the family of the owner of the dwelling does not have a basis for acquiring or exercising the right to use another dwelling, and if the property status of a former member of the family of the owner of the dwelling and other circumstances worthy of attention do not permit him to secure another dwelling, the right to use the dwelling belonging to the owner may be retained for a certain period of time for the former member of his family on the basis of a court decision.
It is clear from this provision that the ex-wife cannot be evicted from the apartment if she does not have any other accommodation where she can live after the eviction or if she does not have the means to support herself; however, it should be noted that it is only by a court decision that the removal of the ex-wife from the apartment may be prohibited.

REFERENCE TO THE JURIST CONSULTATIONS:

11.10.2014

Tagged Housing/Eviction, Children, Right to Use